Civil Subpoena Policy
In the event that you seek the identity or account information of a Nicnames customer in connection with a civil legal matter, you must serve or mail a valid subpoena to Nicnames. Nicnames recognizes subpoenas issued by any U.S. federal court, the courts of the State of Delaware, or any other State where Nicnames is authorized to conduct business. Nicnames may, at its discretion, waive the requirement and respond to a subpoena issued by a state or local court located outside of Delaware in limited circumstances. However, Nicnames will not respond to subpoenas or similar discovery mechanisms issued by courts outside of the United States due to the inherent difficulties in validation.
If you seek the identity or account information of a Nicnames customer in connection with a criminal matter and you are a member of the law enforcement community, a valid subpoena must be served or sent by registered mail to Nicnames, Inc.
Nicnames may request a copy of the complaint and supporting documentation demonstrating how the Nicnames customer information is related to the pending litigation and the underlying subpoena.
All subpoenas, regardless of whether they are in connection to a civil or criminal legal matter, should be sent or served by registered mail to Nicnames' designated legal agent:
919 North Market Street, Suite 950
Wilmington, DE 19801
Upon receipt of a valid subpoena, Nicnames may promptly notify the customer whose information is sought via e-mail or U.S. mail unless the circumstances or subpoena warrant otherwise. If the circumstances do not amount to an emergency, Nicnames may not immediately produce the customer information sought by the subpoena and may provide the customer with an opportunity to challenge the subpoena in court. Nicnames may charge an administration fee to the customer's account for this service.
Nicnames may charge the person or entity submitting the civil subpoena for costs associated with subpoena compliance. Payment must be made within thirty (30) days from the date of receipt of the Nicnames, Inc invoice. Checks should be made to Nicnames, Inc. Nicnames' subpoena compliance costs include research at a rate of $75.00 per hour, Federal Express fees as billed, and copies at a rate of $.25 per page.
Nicnames will not produce the content of an e-mail or other electronic communications unless required to do so by an order under 18 U.S.C. 2701 et seq. issued by a court of competent jurisdiction. Whether or not Nicnames gives its customer advance notice of any such disclosure will be governed by the terms of the Order.
Notwithstanding any of the above, Nicnames reserves the right to challenge the validity of any subpoena, move to quash, or take other action to secure an order from the relevant court that Nicnames is not required to respond to the subpoena.
Nicnames.com reserves the right to modify this policy at any time at its sole discretion.
To speed up the process, all legal documents may be sent to Nicnames via e-mail. However, Nicnames will only reply upon receipt of the original document.